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2oioo17~~ acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a 'ruling that, :in sender's judgment, precludes forfeiture of the Properly or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property aie hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successar.in Interest of Borrower shall not operate to release the liability of Borrower or any Successors to Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured .by this Security Instrumeni by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of ar pl'eclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; ,Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joins and several. However, any Borrower who co-signs this Security Tnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instntment; (b) is not personally obligated to pay the sums secured by this Security Instrument; and ('c) agrees that Lender and any outer Borrower can agree to extend, modify, Forbear or make any accommodations with regard to the terms of this Security Instnnnent or the Note without the co-signer's consent. Subject to the provisions of Section. .18, any. Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this, Security Instnunent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. I'he covenants and agreements of this Security Instnunent shall bind (except as provided in Section 2t]) and benefit the successors and assigns of Lender. 14. Loan` Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights trader this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees- Iu regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Securiiy Instrument of by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Laan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose io make this refund by reducing the principal owed under th'e Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as . a partial prepayment withotrt any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any. notice to Borrower in connection with this Securiiy Instrument shall be deemed to have been given to Borrower when mailed by ftrst•class rtiail or when actually delivered to Borrower's notice address if sent by other.means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise- 'The police address shall be the Property Address >.uness Borrower has designated a substitute notice address by notice to Lender- Borrower shall promptly notify Lender of Borrower's change of address. II' Lender specifies a i~rocedure for reporting Borrower's change of address, then Borrower shall only report a change oi' address through filar specified procedure. NEBRASKA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~$(NE) (0811) ~ Paga 10 of 15 ~nlnais: Form 3028 1/01 ~m z ~-